MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS
MONDAY – october 4, 1965
The Board of County Commissioners met in regular session in the Commissioners’ Room in the Courthouse at Tavares on Monday, October 4, 1965, at 10:00 o’clock A.M. with the following members present:
Chairman Livingston; Commrs. Cowart and Babb; Clerk Owens, Attorney Duncan, County Engineer Hays and Zoning Director Webb. Commr. Dykes was absent due to the death of his father and Commr. Theus was on vacation.
The meeting was called to order by the Chairman and the invocation was given by Mr. Webb.
Bids
It now being ten o’clock the hour advertised to receive bids on one diesel tractor, one gasoline tractor, and one passenger car, the Chairman directed the Clerk to open the bids and the Engineer to tabulate same, whereupon, the Engineer reported receiving bids from the following:
Hodges Equipment Company
Jungle Auto Service
Eustis Dodge, Inc.
Joe Creamons Chevrolet, Inc.
On motion of Commr. Cowart, seconded by Commr. Babb and carried, the bids were referred to the Engineer for study and recommendation to the Board.
Later in the day on recommendation of the Engineer, and on motion of Commr. Babb, seconded by Commr. Cowart and carried, bids were accepted as follows:
Diesel Tractor – Joe Creamons Chevrolet, Inc. $9,897.00 including trade-in
Gasoline Tractor – Eustis Dodge, Inc. 4,938.50 including trade-in
1966 Coronet Sedan – Eustis Dodge, Inc. 2,356.78 including trade-in
Deeds
On recommendation of the Engineer and on motion of Commr. Cowart, seconded by Commr. Babb and carried, deed and easement as follows were accepted and ordered recorded upon the public records:
GRANTOR: Fred Henkle and wife, Ella P. Henkle
THE NORTH 20 FEET OF: The West 606.86 feet of the East Half of Southwest Quarter of Section 25, Township 19 South, Range 27 East.
GRANTOR: Elmer F. Sladek and Ethel D. Sladek, his wife
THE NORTHERLY TEN FEET OF: Lot 12, Block 5, Oak Haven Subdivision, according to the plat thereof recorded in Plat Book 8, Page 38.
zoning
Resolution was adopted by the Lake County Board of Zoning Appeals denying appeal case number 3-65 of Elmer C. Jost, as Trustee from Florida Land and Improvement Company Trust, was accepted and approved on motion of Commr. Babb, seconded by Commr. Cowart and carried, and same was filed and made a part of these minutes.
Commr. Cowart reported Mr. Payne is unable to serve on the Board of Zoning appeals and he appointed K. F. Clay of Groveland to this Board. On motion of Commr. Cowart, seconded by Commr. Babb and carried, the Clerk was instructed to so notify the Governor.
Outdoor recreational facilities
Zoning Director Webb initiated a discussion of the preliminary plan of recreational areas; whereupon, on motion of Commr. Babb, seconded by Commr. Cowart and carried, the preliminary plan as submitted previously by the Zoning Director was approved and Mr. Webb was directed to advise Tallahassee his office has been designated as the reporting agency.
Complaints
Attorney Roy Christopher appeared with Bob Hottinger of Pine Valley Subdivision. Mr. Christopher said Mr. Hottinger needs water diverted from his property, which flows from a culvert installed by the County. Commr. Babb advised he and the Engineer have viewed this area and the houses in this subdivision were built in a creek bed and the water will be there whether the culvert is or not. The culvert is to keep the road from washing away. Mr. Babb further stated he has received no cooperation from the property owners and the County can do nothing without an agreement with the owners. Mr. Hays stated in his opinion the County should not be asked to supply the pipe for diverting the water. Mr. Christopher said Mr. Hottinger will have to develop his property the best way he sees fit. No action taken by the Board on this matter.
Letter of complaint from Mrs. E. Polerecky of Oakland Park Subdivision was read complaining of unsightly area adjacent to this subdivision. The Clerk was instructed to advise Mrs. Polerecky the County has no jurisdiction over this area.
Elections – special
Clerk Owens presented copy of sample ballot and advised he did not take bids for printing same because of the time element and the Eustis News is always low. The action of the Clerk was unanimously approved by the Board in having the absentee ballots printed by the Eustis News.
On motion of Commr. Babb, seconded by Commr. Cowart and carried, a resolution was adopted opposing Amendment No. 5 on the ballot, with copy of resolution to go to each Board of County Commissioners in the State and copy to the State Association of County Commissioners.
The Clerk advised it has been brought to his attention the voting place designated in Pct. 32 is in the same building as a beer store. Chairman Livingston stated the two places are entirely separate. Attorney Duncan also advised beer and liquor stores are closed on election days.
Clerk Owens advised he is in receipt of notice that the fifteen (15) additional voting machines ordered will be shipped next week and should be here in plenty of time for the election.
Recess and reassembly
The board recessed for lunch at twelve o’clock noon and reconvened at 1:30 o’clock P.M. to take up the remaining items of business.
Resolutions not classified elsewhere
On motion of Commr. Babb, seconded by Commr. Cowart and carried, a resolution was adopted expressing regret and sorrow to Commr. Dykes at the passing of his father, Jesse E. Dykes.
On a motion of Commr. Cowart, seconded by Commr. Babb and carried, a resolution was adopted expressing regret and sorrow to the family of Rev. Walter L. Mertz.
Licenses & Permits
Bond for Carrying Firearms for Carl Dann was approved on motion of Commr. Cowart, seconded by Commr. Babb and carried.
Use permit to Florida Power Corp. for the construction and maintenance of wood pole line on County Road 4-3885 between Plymouth and Sorrento was filed.
Hospitals
Action of the Chairman and Clerk in approving petition to the Southwest Florida Tuberculosis Hospital for James Alexander Morris was approved on motion of Commr. Babb, seconded by Commr. Cowart.
Civil defense
After discussing the Statute regarding emergency interim succession to County offices, and on recommendation of the Civil Defense Director and on motion of Commr. Babb, seconded by Commr. Cowart and carried, a resolution was adopted revoking resolution passed on October 8, 1962 and establishing the following line of succession on a permanent basis instead of an emergency basis in the event of a local or national emergency:
1. Chairman of the Board of County Commissioners.
2. Vice Chairman of the Board of County Commissioners.
3, 4 and 5. County Commissioners in alphabetical order in the remaining three districts.
6. Clerk of the Board of County Commissioners (vacancy to be filled by the Chief Deputy for the Clerk).
7. Sheriff of Lake County (vacancy to be filled by the Chief Deputy).
8. County judge of Lake County (vacancy to be filled by the County Prosecuting Attorney).
9. County Superintendent of Public Instruction (vacancy to be filled by the Assistant County Superintendent).
10. Tax Collector (vacancy to be filled by the Chief Deputy).
11. Tax Assessor (vacancy to be filled by the Chief Deputy).
12. Supervisor of Elections (vacancy to be filled by the Chief Deputy).
13. Judge of Small Claims Court.
14. Prosecuting Attorney.
Soil survey
Memorandum from Walter Shaffer, Soil Conservationist, advising that 7,409 acres were mapped by the soil scientist during the month of September, making the total acres mapped to date 207,507.
Roads – state
Clerk Owens submitted typical section for the design of Job No. 11640-3607; SR S-33 Dixie and Sumter Avenue in Leesburg (from SR 25 West to Euclid Avenue on SR S-33). Attorney Duncan advised this should be East to Euclid Avenue and same has been confirmed with Mr. Green of the State Road Department; whereupon, on motion of Commr. Babb, seconded by Commr. Cowart and carried, the typical section was approved provided same is corrected to read “East to Euclid Avenue on SR S-33.”
Copy of notice was read and filed from the State Road Department to S. M. Wall Company, Gainesville, that contract on Job 11050-3505, SR 19, was awarded to them and that work should be started in four or five weeks.
State road department
Closing Statements of Operation for the Secondary Funds for the fiscal year 1964-65 showing the estimated balance available for 65-66 is $1,332,809.37 was presented to each Board member by the Clerk, also, statement showing balance available to complete bond program.
oklawaha
The Clerk submitted copy of letter from the Oklawaha Water Authority to the Game and Fresh Water Fish Commission encouraging the construction of a walk-way at the new boat ramp on the Palatlakaha River between Lake Louisa and Lake Susan.
Audits
The Clerk presented Audit report No. 6226 which was made on the accounts and records of the Clerk of the Circuit Court and the County Judge, said audit report being filed and hereby made a part of these minutes.
State agencies
Report from the game and Fresh Water Fish Commission regarding rough fish removed from Lake Griffin, and copy of recommendation to make Lake Griffin a Fish Management Area were filed, and copy distributed to each member.
e. central florida regional planning council
Minutes of regular meeting held on August 17th in Titusville were filed and copy of same distrbuted to each member.
Road closings
Attorney Ernest R. Drosdick appeared and presented petition on behalf of George T. Edison, Jr., Trustee, to vacate the following described property:
Lots 1 through 17, inclusive, Block 1; Lots 1 through 34, inclusive, Block 2;
Lots 1 through 17, inclusive, Block 3, Mount Plymouth
With the petition was filed a title opinion prepared by Lake Abstract & Guaranty Company, Proof of Publication of Notice of Petition to Vacate, and copy of paid tax bill for the year 1964. The petition was accepted and the Chairman instructed the Engineer to view this property and report to the Board at the next meeting.
Mr. Drosdick also presented petition on behalf of George T. Edison Trustee to close the following described road right of way:
All that part of the west ten (10) feet of the NE 1/4 of the NW 1/4 and all that part of the East ten (10) feet of the NW 1/4 of the NW 1/4 of Section 28, township 19 South, range 28 East, Lake County, Florida, lying northerly of the northern right of way line of the Atlantic Coast Line Railroad.
On motion of Commr. Cowart, seconded by Commr. Babb and carried, the Clerk was instructed to advertise for a public hearing to be held on the first day of November 1965 of the intention to vacate, abandon and close the above described right of way.
Budget
Clerk Owens and Attorney Duncan reported on their conference with the Comptroller and the Attorney General regarding budget for the County Judge’s Office. Attorney Duncan said we must comply with the law. Clerk Owens advised we cannot include an officer who is not in existence at this time. In the event the second County Judge is appointed, the budget will have to be revised. Motion was made by Commr. Babb, seconded by Commr. Cowart and carried, that the amended budget as submitted be accepted and approved inasmuch as the increase of anticipated revenue is sufficient to meet the budget expenditures.
SEE PAGES 335-341
Accounts allowed
Expenses of R. E. Norris to attend Horticultural Society meeting in Miami Beach on November 2 through 5 were approved on motion of Commr. Babb, seconded by Commr. Cowart.
On request of the Tax Collector, the Clerk was authorized to advertise for bids for two tax billing machines for the Collector’s and Assessor’s offices. Bids to be received on November 1.
Request of the Clerk of Circuit Court for $1500 advance to pay State Trial Witnesses before the Fall term of Court was approved on motion of Commr. Cowart, seconded by Commr. Babb and carried.
On motion of Commr. Babb, seconded by Commr. Cowart and carried, expenses of W. T. Mills and Harrold D. Underwood were approved to attend Semi Annual Juvenile Court Administration Assn. meeting in Sarasota on October 5-8.
Expenses for Joan Byrd, Secretary to Asst. State Attorney McCormick, were approved to attend meeting in Miami Beach on November 1-4, regarding the Uniform Support Act, on motion by Commr. Cowart, seconded by Commr. Babb and carried.
Request by Doris Babb and Donna Jean Hayes to attend Finance Officers Assn. meeting in Clearwater on October 13-16 was approved on motion by Commr. Babb, seconded by Commr. Cowart and carried.
On motion of Commr. Cowart, seconded by Commr. Babb and carried, the Zoning Director was authorized to apply for gasoline credit card.
Sheriff McCall’s request in the amount of $22,600 was approved on motion of Commr. Babb, seconded by Commr. Cowart and carried.
Request of the County Judge in the amount of $6,700 was approved on motion of Commr. Babb, seconded by Commr. Cowart and carried.
Accounts refused
Clerk Owens submitted requests from Leesburg Transfer & Storage for an adjustment in rates for storing and delivering the voting machines. Mr. Owens was instructed to request Mr. Duncan to bear with us until after the general election at which time the Board will advertise for bids for storing and hauling the machines.
Accounts allowed
Payrolls for the month of September were approved on motion of Commr. Babb, seconded by Commr. Cowart and carried.
Communications
Note of thanks for flowers from the family of Sharon McCrary was read.
Resolution from Brevard County supporting the proposed amendment to Article IX of the State Constitution was filed.
Resolution from the City of Tavares endorsing resolution adopted by the Chamber of Commerce requesting that the shore area west of Dora Canal on Lake Eustis be developed into a recreation area.
Letters from the State Board of Health regarding the City of Leesburg were filed.
Reports
Annual Farm Forester Report was filed and copy distributed to each member.
Welfare News for June 1965 was filed.
Monthly reports for September were filed as follows:
Planning, Zoning and Building Dept.
Service Officer’s
Commodity Warehouse Supervisor
Florida Division of Corrections regarding Road Prison No. 58 and Lake County Jail and Stockade.
There being no further business to bring before the Board, the meeting adjourned at 2:30 o’clock P.M.
___________________________________ ______________________________
CLERK CHAIRMAN